PM0668-01_Force SA10065 io board replacement.PMD - Merit ...

COPYRIGHT © 2007 MERIT ENTERTAINMENTGrant Of License10. Licensor grants to you a limited, non-exclusive license to distribute and/or use onecopy of the Software on a single Merit (“Machine”) accompanied by a single licensorfactory authorized security key. Licensor reserves the right to update versions of thesoftware and the content to the Machine as deemed appropriate by the Licensor.You are entrusted to maintain and protect your single licensor factory authorizedsecurity key, password, or other identification from being utilized by any third party,and you agree to be responsible for any use of the Software provided herein by athird party utilizing your identification. Licensor maintains the right to immediatelyterminate your License for reasons related to misuse or other non-conformity withthe rules expressed herein. While Licensor does not routinely inspect Machines,Licensor also reserves the right to inspect or audit the Software from time to time inLicensor’s sole discretion. To the extent that Licensor’s access to the Softwarerequires that Licensor also gain access to a Machine in which the Software isinstalled, you agree to promptly provide Licensor, when requested, with permissionand aid in Licensor gaining access to the Machine.Disclaimers11. EXCEPT AS PROVIDED IN THE SECTION ENTITLED “LIMITED WARRANTY”, LICENSORMAKES NO OTHER PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHEREXPRESSED OR IMPLIED, REGARDING OR RELATING TO THE SOFTWARE ORCONTENT THEREIN OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TOYOU PURSUANT TO THIS AGREEMENT OR OTHERWISE AND LICENSOR SPECIFICALLYDISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE WITH RESPECT TO SAID MATERIALS OR THE USE THEREOF.TO THE MAXIMUM EXTENT ALLOWABLE BY LAW THE UNIFORM COMMERCIAL CODEOR OTHER UNIFORM LAWS SHALL NOT APPLY TO THIS AGREEMENT.Limitation on Liability12. IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CLAIM, DEMAND OR ACTIONARISING OUT OF OR RELATING TO THE SOFTWARE, ITS USE, INSTALLATION ORLICENSOR’S PERFORMANCE OR LACK THEREOF UNDER THIS AGREEMENT FORANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHCLAIM, DEMAND OR ACTION. IN ADDITION, WITHOUT LIMITING THE FOREGOING, INALL EVENTS THE REMEDIES AVAILABLE TO YOU SHALL BE LIMITED TO THE AMOUNTPAID BY YOU TO LICENSOR FOR THE SOFTWARE.13. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANYLOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIALDAMAGES ARISING OUT OF YOUR USE, MISUSE, BREACH OF THIS AGREEMENT ORINABILITY TO USE THE SOFTWARE.General14. The validity and construction of this Agreement and of the rights and obligations hereinshall be determined and governed by the laws of the State of New York. By acceptingthe terms of this Agreement, you acknowledge and accept that the courts of NewYork, New York shall have exclusive jurisdiction and venue regarding any disputesarising with regard to this Agreement or arising out of activity or misuse of theSoftware.15. Merit, in its sole discretion, may assign this agreement or any of its rights andobligations hereunder.16. If you have any questions concerning this Agreement or wish to contact Licensor forany reason, please write: Merit Industries, Inc., 2525 State Road, Bensalem, PA19020, USA.10 FORCE I/O BOARD REPLACEMENT INSTRUCTIONS PM0668-01